2025:HHC:21855 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 351 of 2023 a/w CMPMO Nos. 407, 437, 438 & 439 of 2023 Date of decision : 08.07.2025. 1. CMPMO No. 351 of 2023 Bhagwan Singh & others ...Petitioners. Versus LAC & others ...Respondents. 2. CMPMO No. 407 of 2023 Madan Singh & others ...Petitioners. Versus LAC & others ...Respondents. 3. CMPMO No. 437 of 2023 Inder Singh & others ...Petitioners. Versus LAC & others ...Respondents. 4. CMPMO No. 438 of 2023 Lajo Devi & others ...Petitioners. Versus LAC & others ...Respondents. 5. CMPMO No. 439 of 2023 Devi Ram deceased through LRs & others ...Petitioners. Versus LAC & others ...Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. -2- Whether approved for reporting?1 For the petitioners : Mr. Praveen Chandel, Advocate. For the respondents : Mr. Shashi Shirshoo, Advocate, for respondents No. 1 and 3. Mr. Pratush Sharma, Addl. A.G., for respondents No. 2 and 4. Satyen Vaidya, Judge (Oral) All these petitions involve common questions of facts and law and therefore are being disposed by a common judgment. 2. Aggrieved against the refusal by Land Acquisition Collector to refer the matter under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the Act of 2013), the petitioners have approached this Court by way of the instant petitions. 3. The petitioners primarily have challenged the impugned orders and thereby the jurisdiction of the Land Acquisition Collector in refusing to make reference under Section 64 of 2013 Act. 4. The Collector has declined to refer the matters on the ground that these were time barred. 1 Whether reporters of Local Papers may be allowed to see the judgment? -3- 5. The question has already been decided by this Court vide judgment dated 1.5.2023 in CMPMO No. 313 of 2021, titled as, Reta Ram vs. Land Acquisition Collector. It has been held that the Land Acquisition Collector under Section 64 of the 2013 Act cannot go into any question, whereby he renders adjudication upon the claims of the parties on merits. The scheme of 2013 Act clearly envisages that the jurisdiction to decide the application under Section 64 is with the authorities established under Section 55 of the Act and the only role assigned to the Collector is to refer the matter to appropriate authority. 6. In view of the aforesaid legal position, the petitions are allowed. Orders dated 21.6.2022, passed by the Collector Land Acquisition HPPCL, Uttam Bhawan, BCS, Shimla are set aside with direction to the Land Acquisition Collector to refer the matters to appropriate authorities designated under Section 51 of the Act. 7. The petitions are disposed of. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 8th July, 2025. (kck)